86638 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

2Commission regulations may expressly or 

impliedly trigger the requirement for a registered 

entity to make a submission pursuant to part 40. For 

example, the Commission’s part 150 regulation on 

position limits contains an express requirement to 

make a § 40.5 rule filing in certain circumstances. 

See 17 CFR 150.9(a). 

3The estimated number of 70 respondents 

includes 16 active DCMs, 23 registered SEFs, 15 

registered DCOs, 5 provisionally registered SDRs, 

plus pending applications for those entities. 

4The 3-year average of total responses for §§ 40.2 

and 40.3 submissions combined was 848 responses, 

calculated by taking the annual total submissions 

received under §§ 40.2 and 40.3 combined from all 

entities and averaging them for the years of 2020, 

2021 and 2022. The estimated number of reports 

per respondent is calculated as 848 responses 

divided by 70 respondents (848 responses/70 

respondents = 12 responses per respondent). 

5The 21-hour estimate for product submissions 

reflects industry comments received in 2018. See 83 

FR 43855, 43856 (Aug. 28, 2018); Supporting 

Statement at https://www.reginfo.gov/public/do/ 

PRAViewDocument?ref_nbr=201808-3038-003. 

6See supra n.3. 

7The 3-year average of total responses for §§ 40.5 

and 40.6 submissions combined was 1,412 

responses, calculated by taking the annual total 

submissions received under §§ 40.5 and 40.6 

combined from all entities and averaging them for 

the years of 2020, 2021 and 2022. The estimated 

number of reports per respondent is calculated as 

1,412 responses divided by 70 respondents (1,412 

responses/70 respondents = 20 responses per 

respondent). 

8The 3-year average of total responses for § 40.10 

submissions was 2, calculated by taking the annual 

total submissions received under § 40.10 from all 

SIDCOs and averaging them for the years of 2020, 

2021 and 2022. The average number of reports per 

respondent is 1, calculated as 2 responses divided 

by 2 respondents (2 responses/2 respondents = 1 

response per respondent). 

submission to the Commission of 

information from registered entities 

concerning new products, rules, and 

rule amendments pursuant to the 

procedures outlined in §§ 40.2, 40.3, 

40.5, 40.6, and 40.10 found in 17 CFR 

part 40. Part 40 of the Commission’s 

regulations implements section 5c(c) of 

the CEA and sets forth provisions that 

are common to registered entities, 

including designated contract markets 

(‘‘DCMs’’), derivatives clearing 

organizations (‘‘DCOs’’), swap execution 

facilities (‘‘SEFs’’) and swap data 

repositories (‘‘SDRs’’). Part 40 

establishes requirements and 

procedures for registered entities to 

submit information about their rules 

and products to the Commission prior to 

implementing rules, listing products for 

trading, or accepting products for 

clearing. Part 40 generally provides two 

means for registered entities to submit 

rules and products to the Commission. 

Typically, a registered entity elects to 

certify that their product (§ 40.2) or rule 

(§ 40.6) complies with the CEA and the 

Commission regulations. This process is 

known as self-certification. 

Alternatively, a registered entity may 

seek Commission approval of the 

product (§ 40.3) or rule (§ 40.5).2 The 

regulations also include special 

certification provisions (§ 40.10) for 

certain rules submitted by systemically 

important DCOs (‘‘SIDCOs’’). 

On October 3, 2023, the Commission 

published in the Federal Register notice 

of the proposed extension of this 

information collection and provided 60 

days for public comment on the 

proposed extension, 88 FR 68112 (‘‘60- 

Day Notice’’). The Commission did not 

receive any relevant comments on the 

60-Day Notice that addressed its PRA 

burden estimates. 

Respondents/Affected Entities: 

Designated Contract Markets, Swap 

Execution Facilities, Derivatives 

Clearing Organizations, and Swap Data 

Repositories. 

Burden Statement: OMB Control 

Number 3038–0093 reflects the 

information collection burden under 

Commission regulations associated with 

product filings (§§ 40.2 and 40.3); rule 

filings (§§ 40.5 and 40.6); and SIDCO 

filings (§ 40.10). As part of this renewal, 

the Commission has updated its burden 

estimates to reflect current filing 

volumes and burden hours. 

Provisions Common to Regulated 

Entities IC 

The Commission estimates the 

average burden of the Provisions 

Common to Regulated Entities IC as 

follows: 

• Product Submissions (§ 40.2 and 40.3) 

Estimated Number of Respondents: 

70.3

Annual Responses by Each 

Respondent: 12.4

Estimated Hours per Response: 21.5

Estimated Total Hours per Year: 

17,640. 

• Rule Submissions (§§ 40.5 and 40.6) 

Estimated Number of Respondents: 

70.6

Annual Responses by Each 

Respondent: 20.7

Estimated Hours per Response: 2. 

Estimated Total Hours per Year: 

2,800. 

• SIDCO Submissions (§ 40.10) 

Estimated Number of Respondents: 2. 

Annual Responses by each 

Respondent: 1.8

Estimated Hours per Response: 50. 

Estimated Total Hours per Year: 100. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

(Authority: 44 U.S.C. 3501 et seq.) 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2023–27490 Filed 12–13–23; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0208] 

Agency Information Collection 

Activities; Comment Request; Revised 

Second Chance Pell Experiment and 

Prison Education Program (PEP) Data 

Collection 

AGENCY: Federal Student Aid (FSA), 

Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing a 

new information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before February 

12, 2024. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2023–SCC–0208. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

the Department will temporarily accept 

comments at ICDocketMgr@ed.gov. 

Please include the docket ID number 

and the title of the information 

collection request when requesting 

documents or submitting comments. 

Please note that comments submitted 

after the comment period will not be 

accepted. Written requests for 

information or comments submitted by 

postal mail or delivery should be 

addressed to the Manager of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 

Ave. SW, LBJ, Room 6W203, 

Washington, DC 20202–8240. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Beth 

Grebeldinger, 202–377–4018. 

SUPPLEMENTARY INFORMATION: The 

Department, in accordance with the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3506(c)(2)(A)), provides the 


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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 86639 

general public and Federal agencies 

with an opportunity to comment on 

proposed, revised, and continuing 

collections of information. This helps 

the Department assess the impact of its 

information collection requirements and 

minimize the public’s reporting burden. 

It also helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. The 

Department is soliciting comments on 

the proposed information collection 

request (ICR) that is described below. 

The Department is especially interested 

in public comment addressing the 

following issues: (1) is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Revised Second 

Chance Pell Experiment and Prison 

Education Program (PEP) Data 

Collection. 

OMB Control Number: 1845–NEW. 

Type of Review: A new ICR. 

Respondents/Affected Public: Private 

sector; State, local, and Tribal 

governments. 

Total Estimated Number of Annual 

Responses: 675. 

Total Estimated Number of Annual 

Burden Hours: 6,750. 

Abstract: This is a request for a new 

information collection to collect 

programmatic and student information 

from participating institutions. This 

collection will cover the required 

statutory reporting for both the revised 

Second Chance Pell experiment and 

Prison Education Programs (PEPs) for 

confined or incarcerated individuals. 

Since schools participating in the 

Second Chance Pell experiment have 

three years to transition their programs 

under the experiment to comply with 

the PEP requirements, the data collected 

for the experiment and the PEP 

provisions is almost identical. The only 

difference is the specific information 

collected from institutions participating 

in the Second Chance Pell to provide a 

status of their progress in converting 

their current programs under the 

experiment to be in compliance with the 

PEP provisions. 

Dated: December 11, 2023. 

Kun Mullan, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2023–27491 Filed 12–13–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0210] 

Agency Information Collection 

Activities; Comment Request; Foreign 

Institution Reporting Requirements 

Under the CARES Act 

AGENCY: Federal Student Aid (FSA), 

Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing a 

new information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before February 

12, 2024. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2023–SCC–0210. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

the Department will temporarily accept 

comments at ICDocketMgr@ed.gov. 

Please include the docket ID number 

and the title of the information 

collection request when requesting 

documents or submitting comments. 

Please note that comments submitted 

after the comment period will not be 

accepted. Written requests for 

information or comments submitted by 

postal mail or delivery should be 

addressed to the Manager of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 

Ave. SW, LBJ, Room 6W203, 

Washington, DC 20202–8240. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Beth 

Grebeldinger, 202–377–4018. 

SUPPLEMENTARY INFORMATION: The 

Department, in accordance with the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3506(c)(2)(A)), provides the 

general public and Federal agencies 

with an opportunity to comment on 

proposed, revised, and continuing 

collections of information. This helps 

the Department assess the impact of its 

information collection requirements and 

minimize the public’s reporting burden. 

It also helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. The 

Department is soliciting comments on 

the proposed information collection 

request (ICR) that is described below. 

The Department is especially interested 

in public comment addressing the 

following issues: (1) is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. 

Please note that written comments 

received in response to this notice will 

be considered public records. 

Title of Collection: Foreign Institution 

Reporting Requirements under the 

CARES Act. 

OMB Control Number: 1845–NEW. 

Type of Review: A new ICR. 

Respondents/Affected Public: State, 

local, and Tribal governments; private 

sector. 

Total Estimated Number of Annual 

Responses: 104. 

Total Estimated Number of Annual 

Burden Hours: 52. 

Abstract: The Department of 

Education (the Department) is 

requesting a new information collection, 

1845–NEW, Foreign Institution 

Reporting Requirements under the 

CARES Act, be made available for full 

clearance with public comment. Section 

3510(a) of the CARES Act, Public Law 

116–136 (March 27, 2020), authorized 

the Secretary of Education (Secretary) to 

permit a foreign institution, in the case 

of a public health emergency, major 

disaster or emergency, or national 

emergency declared by the applicable 

government authorities in the country in 

which the foreign institution is located, 

to provide any part of an otherwise 

eligible program to be offered via 

distance education for the duration of 

such emergency or disaster and the 

following payment period for purposes 

of title IV of the Higher Education Act 

of 1965 (20 U.S.C. 1070 et seq.). 

Additionally, under section 3510(d) of 


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